79R4251 DWS-D
By: Gattis, Rose H.B. No. 754
A BILL TO BE ENTITLED
AN ACT
relating to transportation of loose materials.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 725.003(c), Transportation Code, is
amended to read as follows:
(c) An offense under this section is a misdemeanor
punishable by a fine of[:
[(1)] not less than $25 or more than [$200 for a first
conviction; and
[(2) not less than $200 or more than] $500 [for a
second or subsequent conviction].
SECTION 2. Section 725.021, Transportation Code, is amended
by amending Subsection (c) and adding Subsection (e) to read as
follows:
(c) Except as provided by Subsection (e), the [The] load
shall be covered and the covering firmly secured at the front and
back, unless the load:
(1) is completely enclosed by the load-carrying
compartment; or
(2) does not blow or spill over the top of the
load-carrying compartment.
(e) If the vehicle is a commercial motor vehicle and the
load is dirt, sand, gravel, or refuse, the load shall be covered and
the covering firmly secured at the front and back or shall be
completely enclosed by the load-carrying compartment. For purposes
of this section, "commercial motor vehicle" means a motor vehicle,
trailer, or semitrailer used primarily in the business of
transporting property.
SECTION 3. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before that date.
(b) An offense committed before the effective date of this
Act is governed by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2005.